NR 45.04 Note
Note: A list of non-restricted invasive species is available on the department's website at
https://dnr.wisconsin.gov/topic/Invasives/what.html. Possession, movement, and proper disposal of invasive species is regulated under ch.
NR 40 and an invasive species permit issued under that chapter may be required unless the invasive plants are left or disposed of onsite.
NR 45.04(1s)(a)3.
3. Except on state natural areas, willow and aspen stems not larger than 2.5 inches in diameter, from species not listed under ch.
NR 27, may be collected for personal, noncommercial use by the collector for the purpose of trap stakes, bait sticks, or both.
NR 45.04(1s)(a)4.
4. Except for edible fruits, edible nuts, and edible seeds collected for personal consumption under this paragraph, a person wishing to collect seeds from herbaceous plants, including grasses and wildflowers, or seeds or nuts from woody plants, or both, on department lands shall apply for and obtain a seed collecting permit from the department.
NR 45.04(1s)(a)5.
5. A person may collect shed antlers, clean skulls, and clean bones of wild animals for which an open season has been established under ch.
NR 10, and as long as the collection of the antlers, skulls, or bones follows all state and federal laws.
NR 45.04(1s)(b)1.1. Except as provided in subds.
2. and
3., rocks, minerals, or fossil materials may be collected for noncommercial purposes, such as educational uses and personal collections, by hand or using a hand
held rock hammer or similar device in accordance with written permission issued by the manager of the property on which the collecting is done. A collector may not remove more than 5 pounds of rock, mineral or fossil material per day from any property, with a maximum total of 50 pounds per year. The written permission may further limit the allowable methods and amounts of material collected.
NR 45.04(1s)(b)2.
2. No person may collect rocks, minerals, or fossil materials on state trails, Havenwoods state forest, and any specific site which is designated as a noncollection site by the department.
NR 45.04(1s)(b)3.
3. No person may collect rocks, minerals or fossil materials on state natural areas without first obtaining a state natural area scientific collector permit.
NR 45.04(2)(a)
(a)
No person may enter or be within the boundaries of any state park, state recreation area, southern forest, forest campground, picnic area, beach, amphitheater, posted parking areas and specifically designated areas within the Lower Wisconsin state riverway between the hours of 11:00 p.m. and the following 6:00 a.m. except:
NR 45.04(2)(a)1.
1. Registered campers in or enroute to their designated campsites.
NR 45.04(2)(a)2.
2. Hunters or trappers entering department lands during an open hunting or trapping season on the land, provided the entry is no earlier than 90 minutes prior to sunrise.
NR 45.04(2)(a)4.
4. Lakeshore state park hours of operation are between 6:00 a.m. and 10:00 p.m., except for persons actively engaged in fishing, persons moving through the park on designated trails, or registered guests at the marina leaving or returning to their boats.
NR 45.04(2)(a)5.
5. Users of state trails, except during hours of closure as posted by the department or by an entity operating a state trail under a written agreement with the department.
NR 45.04(2)(a)6.
6. Kettle Moraine state forest – Lapham Peak unit hours of operation are between 6:00 a.m. and 9:00 p.m.
NR 45.04(2)(a)7.
7. Havenwoods state forest hours of operation are between 6:00 a.m. and 8:00 p.m.
NR 45.04(2)(a)8.
8. Whitefish Dunes state park hours of operation are between 6:00 a.m. and 8:00 p.m.
NR 45.04(2)(b)
(b) Paragraph
(a) does not apply to any person who for the sole purpose of fishing:
NR 45.04(2)(b)2.
2. Enters any state park or state forest recreation area on the opening weekend of fishing season, or
NR 45.04(2)(b)3.
3. Uses the boat launch facilities and boat launching parking lots in the northern state forests.
NR 45.04(2)(b)4.
4. Enters any state park or state forest recreation area one hour before sunrise.
NR 45.04(2)(c)
(c) The closing hours of this subsection do not apply to individuals with written authorization from the department or to those projects or parts of projects where the department has posted other opening and closing hours or where the department has waived these hours and established different hours for special events and programs. No person may enter or be within a department property contrary to closing hours established pursuant to this subsection.
NR 45.04(3)(a)
(a) Disorderly conduct. No person may engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, or conduct which tends to cause or provoke a disturbance or create a breach of the peace.
NR 45.04(3)(am)1.1. In this section, “
nude” or “nudity” means being clothed or unclothed in such a manner that the person's genitals, pubic hair, buttocks, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering.
NR 45.04(3)(am)2.
2. No person may appear, bathe, sunbathe, walk, or otherwise be nude on any lands under the management, supervision, or control of the department. This does not apply to breastfeeding by nursing parents and does not apply in any of the following areas not open to public view: restrooms, bath houses, showers, changing facilities, or privately-owned camping units.
NR 45.04 Note
Note: Tagami v. City of Chicago,
875 F. 3d 375 (7th Cir. 2017).
NR 45.04(3)(b)
(b) Evictions. The department may expel any person or persons from the lands under the management, supervision and control of the department for violations of any state law, administrative rule or posted rules or regulations. The period of time for which a person may be expelled is 48 hours, or for the period of their camping permit, whichever is longer. The expelled person may not return to the property before the eviction period has elapsed or enter any other lands under the management, supervision, and control of the department for a period of 48 hours after eviction. Persons expelled are not eligible for refunds for unused camping fees or vehicle admission fees. People charged with violent, assaultive or disorderly behavior may be expelled until after the case is adjudicated in court.
NR 45.04(3)(c)
(c) Observation towers. No person may possess or consume any food or beverage, including fermented malt beverage or intoxicating liquor, when on any observation tower.
NR 45.04(3)(d)1.1. No person may dispose of any debris, waste or recyclable material except by placing the material in receptacles provided for those purposes.
NR 45.04(3)(d)2.
2. No person may dispose of any waste or recyclable materials in any waste or recyclable receptacles or at any location if the waste or recyclable material is generated from a permanent or seasonal residence or a business or other commercial operation.
NR 45.04(3)(d)3.
3. No person may dispose of anything other than human waste and toilet paper in a department toilet facility.
NR 45.04(3)(e)1.1. `Devices.' Except in accordance with a written permit issued by the department, no person may operate any device, including an amplified speaker, outdoor electronic device, gasoline powered device, generator, chainsaw, air-conditioner or other device at a volume that interferes with the enjoyment of the area by others or is likely to cause a disturbance.
NR 45.04(3)(e)2.
2. `Camping quiet hours.' No person may make a noise at a level above that of a quiet conversation in camping areas and overnight moorings between the hours of 11:00 p.m. and 6:00 a.m.
NR 45.04(3)(f)1.1. No person may solicit or collect funds or peddle or solicit business of any nature, post signs or distribute handbills or advertising matter unless first authorized by contractual agreement with the department.
NR 45.04(3)(f)2.
2. In addition to the requirements of subd.
1., in the state parks, state recreation areas and southern forests, no person may engage in commercial filming or photography or provide services for a fee that involves the provider's physical presence in the state park, state recreation area or southern forest unless first authorized by contractual agreement with the department.
NR 45.04(3)(f)3.
3. No person may use in any manner the dock, pier, wharf, boat landing or mooring facilities in, or on, the waters in or immediately adjacent to any lands under the management, supervision or control of the department for the purpose of soliciting rides of any kind, unless authorized by the department.
NR 45.04(3)(f)4.
4. This paragraph does not apply to the provision of emergency repair service or tour buses originating outside of department lands.
NR 45.04(3)(g)
(g) Unauthorized interference with state or personal property. No person may damage, deface, interfere with, destroy, molest, possess without permission, attempt to remove or remove the property of the state or any other person.
NR 45.04 Note
Note: Property of the state includes roadway and parking lot surfaces, signs, and structures under state ownership.
NR 45.04(3)(i)
(i) Metal detectors. The use of metal detectors is prohibited except by written permit issued by the property superintendent.
NR 45.04(3)(j)
(j) Ski trails. No person may hike or snowshoe on designated cross-country ski trails when the trails are snow covered.
NR 45.04(3)(k)
(k) Quiet zones. The department may establish quiet zones by posted notice. Within quiet zones, no person may operate a radio, boombox, musical instrument, tape player or similar noise producing device, unless the noise is confined to the person through the use of a headset.
NR 45.04(3)(m)1.a.
a. “Personal property" includes stakes, markers, or any other object which is placed with the intent of marking the location of a trap site except when the season established in s.
NR 10.01 for that species is open and a lawfully set trap is placed with the stake or marker.
NR 45.04(3)(m)1.b.
b. “Personal property” does not include a trail camera that is in compliance with the provisions of par.
(w).
NR 45.04(3)(m)2.
2. Except as authorized by the department, no person may construct, place, occupy or use structures or store personal property on lands subject to this chapter. This paragraph does not apply to tents or canopies which are less than 100 square feet in area or other temporary structures which are used for recreational purposes and removed by 11:00 p.m. of the day they are placed on the property.
NR 45.04(3)(n)
(n)
Crops. Except when authorized by the department, no person may plant, cultivate or harvest any crop on lands subject to this chapter.
NR 45.04(3)(o)
(o)
Possession of marijuana. No person may possess 25 grams or less of marijuana or use marijuana as defined in s.
961.01 (14), Stats., unless the marijuana was obtained directly from, or pursuant to, a valid prescription or order of a practitioner, as defined in s.
961.01 (19), Stats., while acting in the course of the practitioner's professional practice or except as otherwise authorized by ch.
961, Stats.
NR 45.04(3)(p)
(p)
Possession of drug paraphernalia. No person may use or possess drug paraphernalia in violation of s.
961.573 (1), Stats.
NR 45.04(3)(r)
(r)
Climbing permits. The department may require organized climbing groups to obtain a permit prior to engaging in rock climbing activities. Permit requirements shall be posted at the administrative office for the property subject to the permit requirement. The department may use the permit to limit the number of climbers and the time, manner and location of the climbing. No climbing group or member of a climbing group may engage in climbing activities without a permit or contrary to permit conditions when at a location subject to a permit requirement.
NR 45.04(3)(s)
(s)
Climbing. No person may engage in climbing activities, including the attachment of climbing anchors, on buildings, towers and boardwalks and other similar structures.
NR 45.04(3)(t)
(t) Resisting or obstructing a law enforcement officer. NR 45.04(3)(t)1.1. No person may knowingly resist or obstruct a law enforcement
officer while that officer is doing any act in an official capacity and with lawful authority.
NR 45.04(3)(t)2.
2. In this subsection, “
obstruct" includes without limitation knowingly giving false information or knowingly placing, removing or concealing physical evidence with the intent to mislead a law enforcement officer in the performance of his or her duty.
NR 45.04(3)(u)
(u)
Paintball. Except when authorized by the department, no person may engage in an activity involving the use of paintball guns, paint markers or discharge of similar devices on any lands subject to this chapter.
NR 45.04(3)(v)
(v)
Campfires. On state properties where legally authorized campfires may be built, wood that is both dead and down may be gathered from upland areas of the property for campfire use on the property without the need for a forest product permit. Driftwood or other dead and down wood located below the ordinary high watermark of the Willow, Turtle Flambeau, Rainbow, or Chippewa flowage is considered a natural feature that may not be removed or destroyed without written authorization from the department.
NR 45.04(3)(w)
(w)
Trail cameras. A person may place and leave trail cameras unattended overnight on department lands when all of the following conditions are met:
NR 45.04(3)(w)1.
1. Trail cameras are permanently and legibly marked in the English language with the name and address or department customer identification number of the operator in a manner that is clearly visible on the outside of the camera without needing to move or adjust the camera.
NR 45.04(3)(w)2.
2. Placement, use, or installation of the trail camera does not damage vegetation or other department property.
NR 45.04(3)(w)3.
3. The camera's location and entire available field of view is only areas where hunting is allowed and is outside of designated use areas including designated trails, beaches, campgrounds, buildings, roads, water access points, and parking areas.
NR 45.04 Note
Note: The placement of trail cameras on department lands is at the operator's own risk. The department is not responsible for theft of or damage to trail cameras on Wisconsin department of natural resources lands.
NR 45.04(4)(a)
(a) Except as provided in par. (c), no person or organization may advertise, promote or hold or conduct a special event or other special property use without prior written approval from the department.
NR 45.04(4)(am)
(am) Except as provided for special events in par.
(b), a person or organization seeking to engage in special property use shall submit to the department all of the following at least 30 days prior to the first day of use:
NR 45.04(4)(am)1.
1. An application describing the special property use on forms provided by the department.
NR 45.04(4)(am)2.
2. Proof of adequate insurance as determined by the department, if required by the department, with the policy naming the department as additional insured.
NR 45.04(4)(b)
(b) To apply for written approval for a special event, a person or organization seeking to hold a special event shall submit to the department all of the following at least 90 days prior to the event:
NR 45.04(4)(b)1.
1. An application describing the special event on forms provided by the department.
NR 45.04(4)(b)2.
2. Proof of adequate insurance as determined by the department, with the policy naming the department as additional insured.
NR 45.04(4)(c)
(c) The department may waive the requirement to obtain written approval under pars.
(a) and
(b) if the special property use is authorized in an existing agreement with the department or if the use will not result in any of the following:
NR 45.04(4)(c)2.
2. Negative impacts to a unique plant or animal community or geological or cultural features.
NR 45.04(4)(c)3.
3. Costs to the department or additional department staff resources costs incurred as a result of the event.
NR 45.04(4)(c)4.
4. Negative impact to use and enjoyment of the property by others.
NR 45.04(4)(d)
(d) The department may issue written authorization for a special event and other special property use with conditions that it deems necessary to ensure the protection and orderly management of the property.
NR 45.04(4)(e)
(e) The department may modify or terminate written authorization for any special property use at any time if necessary to ensure public safety, protection of state facilities, or protection of natural resources.
NR 45.04(4)(f)
(f) In addition to the fee in s.
NR 45.12 (4) (L), the department may require the person or organization holding a special event or conducting other special property use to compensate the department for, or to restore to the satisfaction of the department, a natural resource or department property that is damaged as a result of the use.
